这届苍天不行

王五四 2020-06-19

网络上曾经流行过这样一句话,“善恶终有报,天道好轮回。不信抬头看,苍天饶过谁。” 读起来令人正能量爆棚,仿佛希曼的妹妹希瑞公主附体,但这届苍天明显不行,经常饶过谁,比如说“猥亵儿童的王振华”。

我们这还流行另外一句类似的话,“正义也许会迟到,但绝不会缺席”,听上去也是“开封有个包青天铁面无私辩忠奸”的法治社会感觉。这话其实是从美国大法官休尼特的话演变出来的,但演着演着变味了,其本意是对“迟到的正义”的批评,对低效率的法庭审判的不满,表示迟来的正义对每个人来说都不是真正的正义。

但这话放在我们这,却成了昏暗人生的希望,因为正义在我们这太稀缺了,迟到就迟到吧,别不来就行。这就像富裕社会,专家在谈大鱼大肉对身体不好狼吞虎咽不利于消化,但对于贫穷国家那些濒死的人而言活下去才是最重要的,谁还顾得上三高肥胖这种小瑕疵,更别说吃相餐桌礼仪了。

上海市普陀区人民法院以猥亵儿童罪判处王振华有期徒刑五年,很多群众表示不满意,我觉得大家的戏过了,我是很满意的,我以为法院要判9岁的孩子赔偿王振华的名誉损失呢。好歹,底线是守住了。

但有些律师却以法治的名义把底线又往下拉了一拉,底线是干嘛用的,跟底裤类似吧,遮住屁股的底裤是底裤,你把它拉到脚踝,它就失去了遮羞布的作用。京衡律师上海事务所副主任邓学平律师的文章中说,“王振华是一名超级富豪,但在被告席上,他的权利是受到法律同等保护的。”我是认同这句话的,这也是个常识,他想说的无非就是富人也好罪大恶极的人也好都有辩护权,可为什么要特意提一下呢?难道超级富豪在我们这经常受歧视?经常被剥夺辩护权?经常受不公正的待遇?经常被穷人和权力勾结起来压榨?在这个社会,你可以什么都不说,但当你要假装公平正义发言时,你要着重关心的好歹应该是那个相对弱势处于更低社会地位的小女孩及其家人。

邓律师认为,“无论此案的最终结果如何,律师的辩护都是整个司法程序中不可或缺的一环。律师的辩护意见,可以不必认同,但律师的辩护立场不应苛责。那些由个案情绪升级为捶打整个律师辩护制度的言论,看似群情激愤,其实每一句都是法治的忧伤。”这些话也都没什么问题,但一旦跟具体的人和事产生关联,就要另当别论了,王振华的辩护人饱受诟病的陈有西律师,是京衡律师集团的董事长,是邓律师的领导,再者,很多人批评陈有西,根本不是因为他替王振华辩护了,而是因为他那个声明里的问题,邓副主任为陈董事长说了一大堆很政治正确很程序正义但又不是事关矛盾焦点的话,气味挺可疑的,用邓律师的话说,“一个律师,凭借专业知识,说了一大堆具有法治精神但模糊了焦点的话,其实每一句都是法治的忧伤。”太他妈忧伤了。

就像总有人敢对遥远的美帝发出正义的怒吼,却对身边的小偷小摸视而不见一样,有些人总在操心一些最不可能发生在强者身上的事,而却有意无意的忽略那些已经发生在弱者身上的不公。比如说陈有西律师总担心舆论影响了判决的公正性,并指责有人站在道德制高点评判,我其实说过好多次了,不要老是绑架群众,群众的舆论算个什么呢?你真以为群众的舆论有左右司法的威力?群众的舆论连自己的命运都左右不了,还左右司法?司法都左右不了司法,还群众的舆论?你还是担心下那些有钱有势的人,他们连儿童都敢猥亵,肯定也敢猥亵司法。我不是一个仇富者,但在一个商业规则缺失,公平正义缺失,权力监督缺失的环境里,仇富是有强大的理论基础的,为富不仁没关系,有关系的是“巨额财产来源不明”。当然,这种理论基础也决定了你只能心理仇仇,现实里你哪有那个能力呢,当然,这种仇富心理的本质,其实是“不患寡而患不均”,这都是题外话了。

至于陈律师和其他人担忧的道德制高点更是无稽之谈了,到处都是道德洼地,哪来的制高点,我只是站在道德平地上,跟站在道德洼地里的你对话,我想拉把手让你上来,你却说我站在道德制高点绑架你。退一步说,讲道德有啥问题吗?这个社会什么时候变得以无德为荣而耻于讲道德了?“与善人居,如入芝兰之室,久而不闻其香”,这没啥,“与恶人居,如入鲍鱼之肆,久而不闻其臭”,你还挺骄傲啊?

对于陈有西律师我是不满的,向来不满,这种不满是源于对他参与的很多公共案件的观察,他已经不是一名单纯的律师了,就像有人评价的那样,他表现得像一名“精神上的政治局委员”,整天将“社会大局的稳定”挂在嘴上。我不想用道德绑架谁,而且道德也绑架不了谁,如果能,道德早就被判刑了,所以,道德绑架不了陈有西律师,但我们可以从这个角度评判,古代土匪山贼都有个规矩,娼妓、和尚、道士、孤儿寡母、赶考举子、红白喜事,一般都不会抢,抢了会被人看不起,在同行里也会抬不起头,你看,你可以干,干了之后我也不会向官府举报你,我能做的,只是看不起你。

我不想说陈有西是伪善之人,没证据,但从他过往的行为中我内心有这样的感觉,这次他写的声明中也能看出一些端倪,比如他说“如果网络上报导的,引申的,猜测的,透露的案情是真实的,我也会和所有网民一样,痛恨嫌疑人,不会为他做辩护人。”陈律师的意思是,我既然做了他的辩护人,那么那些网络上的报道引申猜测都是假的,那究竟哪些是假的,哪些是真的,他没说,语言的艺术。

陈还说,“中国律师既要遵守律师的职业伦理,依法维护自己委托人的合法权益,更是一个社会人,追求匡扶正义,扶助弱小的公共道德伦理。而后一条一直是我本人追求的基本点。”看到扶助弱小这句话我差点以为陈律师是受害小女孩的律师,这跟你人生追求的基本点基本矛盾啊。

陈有西的声明中还说,“王振华没有翻供。他从无恋童癖和性虐待取向。我们寄希望于二审会作出公正的判决。”王振华从无恋童癖和性虐待取向,你是如何得出结论的?你这样说不仅仅是为王振华开脱,还伤害了受害者,难道她是在诬告?你声明里还提到了舆论的压力,你是不是想说王振华被判五年,不是因为他有罪而是因为舆论左右了司法?

我记得当年事发时有媒体报道过,王振华当时是承认了自己的禽兽行为,当然,这可能不能作为证据,但陈有西说王振华没有翻供,跟受害人律师所陈述的又不同,在接受媒体采访时,受害人律师计时俊说,“王振华庭审时拒不认罪,态度恶劣,毫无悔意。他辩解,自己只是搂搂抱抱,不会造成女孩阴道撕裂,坚持认为是受害者诬陷他,给他挖了个坑来跳。……,我怕受害女生家属情绪过于激烈,并未让家属到庭听审,也幸亏没有到庭,如果听到王振华、周燕芬这样诬陷侮辱他孩子的话,我估计他会杀人的。”

计时俊律师说,“在庭审上和笔录中,周燕芬称自己曾长期给给王振华提供女性,不过以前都是成年女性,这次她以为是“王总的口味变了。”周燕芬愿意长期给王振华提供这样的“服务”,主要是因为钱。此案中,9岁女孩遭王振华侵犯10分钟后,王振华就给周燕芬转了10万元,这是起诉书上承认的事实。”

我就先转述这两段吧,如果陈有西律师依然坚持王振华是无辜的,被诬陷的,那么你是认为王振华花了这么多钱把小女孩带进宾馆房间独处,是为了跟她探讨如何写好小学生作文?是为了向她请教新城地产下一个五年规划?

陈有西一边说因为本案的特殊性无法公布双方的辩护词和控方的起诉书,一边又有选择性的透露了一些有利于王振华的且未经证实的信息,并且这些信息对受害者又产生了二次伤害。对此,刘红博士的文章中说得更为详细一些,“从我上述分析来看他们(陈有西)的主要辩护观点已经完全公布于众了,只是选择性地公布了部分辩护观点的证据依据。从保护被害人角度上讲,声明中其实很多观点已经伤害到被害人的利益了。尤其当向公众公布对被害人不利的辩护观点却不拿出依据供公众自行做判断,尤其伤害被害人。”

刘红博士在文章中说,“如陈律师在声明第2点所言“本案是涉及未成年隐私的不公开审理案件”,但是他在声明第6点披露了未经定案证据证明、只是辩方用来质疑控方证据、不具证据资格和证明力的专门知识人的观点:有伤痕但不是新鲜伤痕。这个对被害人名誉有损害的论断。即使在声明中,他也没给读者对这些专门知识人意见可信性做判断的信息,但是灌输了一个“结论”。这个结论在今天封面新闻,第二被告人周燕芬的认为里有更清晰的表达:被害人“阴道撕裂不是新伤,而是旧伤,这个9岁女孩之前有过性生活”。

早在陈有西办雷洋的案子时他的一些做法就被同行批评了,当年陈有西说,“雷洋案子我们确实在办理,鉴于目前全社会的关注度,我今天可能是主要通报一下程序的问题,不能讲太多的案子内幕的情况和一些涉及证据的情况,请大家能够理解。”葛永喜律师认为,“一起公共事件,一个全国关注的案件,检察院已作出不起诉决定了,代理律师还说案情是机密,不能公开。这不是谨慎理性,这好像是吓破胆的法盲。”张雪忠也说,“关于雷洋案的三点疑问:1、审查起诉阶段的律师意见,代理律师为什么不能公布?2、检察院有什么权力要求律师不能公布?3、你就一个做律师的,又不是政治局的,干嘛要整天操心“社会大局的稳定”?

我并不关心陈有西律师是什么样的人,也不想得罪一个大律师集团的董事长,说了这么多,分析了这么多,只是希望那些还关心本案的人,还关注法治建设的人,别再傻傻分不清楚了。有些事情很简单,就像小学生缪可馨事件一样,不是批改作文的问题,不是抄袭作文的问题,你看到生命消失了吗?(叶开老师语),这件事情也一样,不是有没有性器官接触的问题,不是有没有其他恶劣情节的问题,是你看一下摸一下就不行!(洪流律师语)

愿天下所有的孩子都能健康成长拥有快乐的童年,即便长大后日子不会那么好过。这届苍天不行,生了,就保护好自己的孩子。

别的就不多说了,毕竟我的本职工作是一名互联网企业家,说多了在商界不好摸爬滚打,以之前写过的一句话结尾:铁骨铮铮郭沫若,抗日名将张学良;千古忠臣吴三桂,法治先锋陈有西。

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